She asked a favor of connecting a water hose from my shop to her house while she is taking care of her water disconnection. This happened year 2008. Since I don't live in my shop, and my workers are her brother, daughter and nephew she gets access of the SOA delivered by Maynilad.
For the first 3 months she told me we have a billing of 5,000 pesos and since I agreed we pay half of the bill each, she asked me for 2.5K as payment for the SOA that she will remit to Maynilad w/o showing me any SOA or receipts after payment was made. Since I trusted her because she is a family friend, neighbor and a kagawad I didnt ask for any receipts etc.
Until there came a time I learned from her brother that we have an outstanding account of 30K w/ Maynilad. So I talked to her and asked for the SOA and receipts but she said the receipts is w/ a person she knew from Maynilad because she was trying to fix my status to change from commercial to residential. Since this will be favorable to me I agreed and just kept silent. Believing also that she is doing this for my benefit. From then on she no longer asked money from me as payment, thinking that the case is in process that is why no bill is being sent.
Then came 2009 when she told me that my water connection is disconnected at the office of Maynilad but was assured my water will not be cut off. That is what they have agreed upon by the person she knew from Maynilad. True enough water is continuos.
Until I discovered January 2010 fortunately the SOA was delivered at my shop and I was present at that time I saw that I have an outstanding balance of 100K plus. Again I talked to my neighbor immediately regarding this and she said she will take care of it. So I gave her time.
Until June 2010 a personnel from Maynilad went to my shop to disconnect my water. Hurriedly I went to my neighbor regarding this. But I also went to Maynilad to ask for time. There I found out that not even 1 payment was made since she connected to my water, even though I have given her already a total amount of 7.5K for the 3 months she asked money from me as payment for our SOA.
Again I talked to her and asked her what is the best thing we can do. After a little discussion we had an agreement that she will take care of our problem with Maynilad. After that I told her to sign an agreement regarding what we have talked about but she strongly refused to sign.
This then forced me to file a case against her at our brgy. Until the time I got hold of Certificate to file action in court.
Now, I have asked the assistance of 2 attorneys. First is the one who made my Complaint Affidavit and second is the atty who made my reply to the counter affidavit of the accused because the first atty gave birth and she can no longer help me in making my reply.
According to the second atty. there was several mistakes on the Complaint Affidavit filed. It should be filed as a Civil case not Criminal. Her reasons is that there was no sufficient evidence of the case. There was no contract/agreement signed by both parties, there was no demand letter sent and not enough witnesses to testify for me. The first atty also asked for the full payment of our outstanding account with Maynilad plus damages. Balance with Maynilad is 155K, business permit money given in trust 7K, plus damages 100k, plus exemplary damages 100K, plus atty’s fee which totaled to 400K plus.
Reason for lack of evidence is, I gave money in trust no receipts was given or any statement of account shown. I have witness who saw me giving money to her in trust and I even sometimes give the money to her brother, nephew and daughter who in turn gave it to her. Since they are all relatives I cannot get hold of them to witness for me.
The only evidence I have is the SOA I got from Maynilad, pictures of her hose attached to my shop going to her house, my cousin, mother and tenants and a kumare of mine who are present during the time I talked to her regarding our problem with Maynilad, together with have talked also about my other concern because she also takes care of my business permit which she received the payment but did not remit to the business permit section of Manila cityhall. She has been filling my permit since 2008 and all is okay but unfortunately this 2010 she was not able to give me my permit. Every time I would ask her she has many reasons. Since I already have doubts I went to Manila Cityhall business permit section and found out that there is no problem with my permit the only reason it was not released is that no payment is made, even though I have already given a total of 7K plus for payment of the permit to the accused.
The second atty told me that the case is not strong enough and might be dismissed. She adviced me to file a civil case.
If I file a civil case will my criminal case be still effective. will it not be disregarded?
Do you think with the story told what are the chances for my case to push thru and not be dismissed?
What other legal actions can I do?
When is the right time for me to file a civil case? My petition is now awaiting for resolution. Probably it will be out by next year Jan or Feb.
If in case my petition is dismissed can I still file a civil case against the accused?
Since I have agreed to pay half of the bill my second atty told me that if I file a civil case I can only ask for half of 155K. If this is the case can this be filed at small court?
Can I file a case against her at the Ombudsman, since she is a kagawad? She is not a good example, and evil must be stopped… I got hold of some of her civil cases and other anomalities. I was even able to talked to people she deceived by her evil doings. She is well versed to this kind of thing, a professional deceiver!
Hoping and Awaiting for your advise on this matter. Thank you